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(영문) 서울남부지방법원 2021.02.09 2020고단6555
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 5, 2020, the Defendant: (a) around 16:46 on September 16, 2020, around subway No. 1, the Defendant, within the pre-dong B of the Busan Metropolitan City Hamn, her son C, seated on the side her hand, her her k's k's herb

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Internal map of the electric trains;

1. Investigation report (CCTV verification and application of specific Acts and subordinate statutes to the suspect);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, disclosure order, disclosure order, notification order, and employment restriction order, the degree of disadvantage and anticipated side effects that the Defendant suffers, prevention of sexual crimes subject to registration, protection of the victims of sexual crimes, etc., there are special circumstances that do not disclose and notify the Defendant’s personal information, or restrict the employment of children, juvenile-related institutions, etc., and welfare facilities for the disabled.

[Determination]

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are not available to the defendant from the injured party, but the degree of conduct is not significant, the defendant appears to have taken an attitude to recognize his/her mistake, the health and economic conditions of the defendant, the primary offender, and other circumstances.

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